Bill Text: CA AB1132 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Nonvehicular air pollution: order for abatement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-07 - Chaptered by Secretary of State - Chapter 171, Statutes of 2017. [AB1132 Detail]
Download: California-2017-AB1132-Amended.html
If the air pollution control officer determines that a person is The air pollution control officer may issue an interim order for abatement, pending a hearing pursuant to Section 42451, if the air pollution control officer finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by constructing or operating any article, machine, equipment, or other contrivance without a permit required by this part, or is in violation of
by violating Section 41700 or 41701 or of any order, rule, or regulation prohibiting or limiting the discharge of air contaminants into the air and that the violation presents an imminent and substantial endangerment to the public health or welfare, or the environment, the air pollution control officer may issue an order for abatement to the person pending a hearing pursuant to Section 42450. air. The order shall be effective upon the notification of the person of the
issuance of the order. In notifying the person, the air pollution control officer shall also provide that person with an accusation specifying the grounds on which the order is issued and procedures by which the person may challenge the order.
Bill Title: Nonvehicular air pollution: order for abatement.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2017-08-07 - Chaptered by Secretary of State - Chapter 171, Statutes of 2017. [AB1132 Detail]
Download: California-2017-AB1132-Amended.html
Amended
IN
Assembly
April 24, 2017 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
Assembly Bill | No. 1132 |
Introduced by Assembly Member Cristina Garcia |
February 17, 2017 |
An act to add Section 42451.5 to the Health and Safety Code, relating to nonvehicular air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 1132, as amended, Cristina Garcia.
Nonvehicular air pollution: order of for abatement.
Existing law regulates the emission of air pollutants by stationary sources and authorizes the regional air quality management districts and air pollution control districts (air districts) to enforce those requirements. Existing law authorizes the governing boards and the hearing boards of air districts to issue an order for abatement, after notice and a hearing, whenever they find a violation of those requirements.
This bill would authorize the air pollution control officer, if he or she determines that a person has violated those requirements and the violation presents an imminent and substantial endangerment to the public health or welfare, or
the environment, finds that any person is causing an imminent and substantial endangerment to the public health or welfare, or the environment, by violating those requirements, to issue an interim order for abatement pending a hearing before the hearing board of the air district. The bill would require the air pollution control officer to notify the alleged violator of the order and would establish a procedure for a postorder hearing.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 42451.5 is added to the Health and Safety Code, to read:42451.5.
(a)(b) Upon receipt by the air district of a notice of defense to the accusation from the person, the air district shall, within 15 days, set the matter for a hearing pursuant to this article, which shall be held as soon as possible, but not later than 30 days after the receipt of the notice.
(c) The order shall remain in effect until the hearing is completed and
the hearing board has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the order shall be of no further effect.